United States v. Ernie R. Sanders

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ernie R. SANDERS, Defendant-Appellant. No. 95-17408. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1996. * Decided Nov. 7, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Ernie R. Sanders appeals pro se the district court's dismissal of his second 28 U.S.C. § 2255 motion. He contends the district court erred when it dismissed his motion as an abuse of the writ. We have jurisdiction pursuant to 28 U.S.C. § 2255 . We review for abuse of discretion, see Campbell v. Blodgett, 997 F.2d 512, 516 (9th Cir.1993), and affirm. 3 Sanders' first section 2255 motion was filed and denied before the Supreme Court decided McCleskey v. Zant, 499 U.S. 467 (1991). Sanders contends that application of McCleskey to his second section 2255 motion is retroactive and therefore violates due process and the…